Free Order - District Court of Delaware - Delaware

Case 1:08-cv-00083-SLR

Document 8

Filed 06/25/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DORIAN D. WAINER, Plaintiff, v. KATHY AMALFITANO, et aI., Defendants. ) ) ) ) ) Civ. No. 08-083-SLR ) )
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ORDER
At Wilmington this J..;J day of June, 2008, having considered plaintiffs letter/motion for a refund of the filing fee; IT IS ORDERED that plaintiffs letter/motion (D.1. 7) is denied for the following reasons, 1. Plaintiff Dorian D. Wainer ("plaintiff'), an inmate housed at the Delaware Correctional Center ("DCC"), proceeds pro se and was granted leave to proceed without prepayment of fees. At that time, the court assessed a $350.00 filing fee as required by 28 U.S.C. § 1914 and § 1915. (D.1. 4) 2. Plaintiffs case was dismissed for failure to state a claim upon which relief

may be granted and he now asks for reimbursement of monies paid towards the filing fee. (D.1. 7) Section 1915 provides that if a prisoner brings a civil action in forma

pauperis, he shall be required to pay the full amount of the filing fee. 28 U.S.C. § 1915(b)(1). Plaintiff opted to file this lawsuit, and he is required by statute to pay the filing fee. 28 U.S.C. § 1914; 28 U.S.C. § 1915.